7KBW Expertise

7KBW has maintained an enviable reputation and experience in all aspects of insurance and reinsurance; shipping and transport; civil fraud; professional negligence; international trade and commodities; energy, oil and gas; agency; injunctions and arrests; shipbuilding; sale of goods; banking and financial services; futures and derivatives; aviation; media and communications; construction; conflicts of law; and international investment.

Arbitrators/Mediators

7KBW is a founder member of the London Court of international Arbitration. The majority of senior members regularly sit as arbitrators and are happy to accept ad hoc appointments, or appointments via arbitral institutions such as the ICC, SIAC, CAS, HKIAC, LMAA and ICDR.

Pupillage at 7KBW

A maximum of 4 twelve month pupillages are available per year. Applications should be made via the Pupillage Gateway 2019 season for pupillages commencing in September 2020 or (for deferred applications) commencing in September 2021.

Construction

As specialists in all areas of contract law, members of Chambers are well equipped to advise on, and act in, disputes arising out of construction contracts. Members of Chambers accept instructions to appear in the Technology and Construction Court, as well as in arbitrations.

In line with its well-established shipping practice, Chambers has a particular specialism in shipbuilding disputes. Over the last ten years a large number of disputes under shipbuilding contracts have been referred to London arbitration and to the High Court, and members of Chambers have been instructed in many of these disputes. Members are consequently well-versed in the full range of issues that typically arise out of contracts based on the main standard forms such as the SAJ and AWES forms. Chambers also has a flourishing practice in the relatively niche field of yachtbuilding contracts, as well as FPSO’s and oil rigs. Some members also have experience of construction projects for dams and energy plants.

Construction Cases

Construction Cases

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

[2016] EWCA Civ 1041 In Leslie v Farrar Construction Ltd, the Court of Appeal has considered the scope of the defences available to a claim for restitution of mistaken payments. The case concerned a joint venture for the development of property. Following the repudiation of the agreement by the funder, the parties made various claims […]

[2015] EWHC 58 (TCC) Two-week trial in the TCC concerning a dispute over a joint venture to develop sites in the north of England. Together with Simon Myerson QC, Michael successfully defended a claim in unjust enrichment for £1.2m and recovered substantial damages for lost profits. Michael is also instructed in the appeal for which […]

On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing[2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles to […]

On 15 October 2013, Lord Mance delivered the judgment of the Privy Council in General Construction Limited v Chue Wing [2013] UKPC 30. This was an appeal from the Court of Civil Appeal of Mauritius and, importantly so far as that jurisdiction and similar jurisdictions influenced by French law are concerned, established the general principles […]

[2013] EWHC 1718 (TCC) Appearing as sole junior to Anneliese Day QC in a two-week trial in the TCC concerning allegations against surveyors and engineers. Successfully defended the claim. To view the judgment please click here.

[2013] EWHC 1859; [2013] 5 Costs L.O. 746 Following the successful defence of an action at trial, Michael and Anneliese Day QC secured an order for indemnity costs against the claimants. To view the judgment please click here.

In this case Stephen succeeded in setting aside an injunction obtained ex parte by Stellar Shipping restraining Cosco from selling a 79,000 dwt bulk carrier to a party other than Stellar Shipping. Stellar Shipping and Cosco had entered into a shipbuilding contract for the construction of the ship with a sale price of US$49.8 million […]

[2010] 131 Con. L.R. 94 Andrew Wales led Sarah Martin for the employer in an arbitration application relating to a construction dispute under the NEC Engineering and Construction Contract, 2nd Ed. 1995. The issues concerned whether there had been valid service of an arbitration notice within time; whether the provision for adjudication before arbitration fell […]

David Bailey Q.C. leading Alexander MacDonald – LMAA arbitration between German Shipyard and six purchasers (2009-ongoing): Acting for a German shipyard in connection with a high profile dispute concerning the construction of 6 ‘mega-yachts’, and successfully obtained a preliminary award concerning an outstanding instalment.

Latest Construction News

[2018] EWHC 1056 (Comm) David Bailey QC and Jessica Sutherland acted for the successful defendant in this section 45 application under the Arbitration Act 1996. As the Judge (Mr Justice Males) commented: “this section is relatively little used but, as this application shows, it has a useful role to play.” The question of law was […]

[2017] EWHC 253 (Comm) Stephen Hofmyer QC and Gavin Geary were instructed on behalf of Korean shipbuilders, STX O&S, successfully resisting a claim for about $180 million in this Commercial Court trial. In April 2013 STX&OS entered into an Option Agreement with Teekay Tankers, providing for the construction and delivery of, in Teekays’ option, up […]

[2016] EWCA Civ 1041 In Leslie v Farrar Construction Ltd, the Court of Appeal has considered the scope of the defences available to a claim for restitution of mistaken payments. The case concerned a joint venture for the development of property. Following the repudiation of the agreement by the funder, the parties made various claims […]

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7KBW on Twitter

7KBW members Gavin Kealey QC, Julia Dias QC and Rebecca Sabben Clare QC will be speaking at the London International Disputes Week @LIDW19 in May 2019. More details on the sessions and locations can be found here. bit.ly/2TAEW7T#LIDW19